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1990-07-09_Minutes 82-468 COMMON COUNCIL JULY 9,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of July, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb; Rogers A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; J. Brownell, Director of Recreation; G. Tait, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Edward Paw of Portland United Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on June 25, 1990, be approved. Councillor M. Vincent asked that his "nay" vote be recorded on the motion considered at the above meeting dealing with the appointment of the Assistant Plumbing Inspector, and the Mayor called for the question on the motion to approve the minutes as amended. Question being taken, the motion was carried. Her Worship the Mayor commented on a project being undertaken by McAllister Place, the Keep Saint John Beautiful Committee, CFBC, CJYC, NB Tel, Teledirect, Juniper Recycling and the New Brunswick Egg Marketing Board to help reduce, reuse and recycle waste in Saint John by encouraging students and young persons to canvass door-to-door, as soon as the 1991 telephone books are distributed, to collect as many as possible of the 120,000 outdated telephone books for delivery on August 18 to McAllister Place for recycling. The Mayor proclaimed July 15 to 21 as Loyalist Days in the City of Saint John, and Mr. Stephen Fowler, Co-Chairman of Loyalist Days 1990, addressed Council concerning the activities planned for the 20th anniversary of Loyalist Days in Saint John. The Mayor also proclaimed July 13, 14 and 15 to be Junior National Track and Field Weekend in the City of Saint John, and Mr. LeRoy Washburn addressed Council concerning the 1990 Canadian Junior Track and Field Championships, being hosted by the Royal Canadian Legion at the Canada Games Stadium at UNB Saint John. Her Worship the Mayor presented to Mr. Brownell the Minister's Recognition Incentive Award to Saint John in recognition of the City's significant contribution to the creation of a barrier-free environment in which all New Brunswicker's can participate in recreation and sports activities, and Mr. Brownell advised that the loop antenna for hearing disabled persons is now installed and properly functioning in the Council Chamber. Councillor M. Vincent noted that the Winnipeg Furies Professional Soccer Team competed at the Canada Games Stadium at UNB Saint John on July 6 and 7 against a team of Atlantic all-star select players; and the Mayor congratulated Commissioner of Finance D. Wilson his election as President of the New Brunswick Institute of Chartered Accountants for 1990-1991. 82-469 COMMON COUNCIL JULY 9,1990 Her Worship the Mayor noted the presence in the Council Chamber of a delegation of Northern telecom Ltd. employees, including Messrs. Peter McNamee and Ed Halpen of the Canadian Auto Workers Association, Local 1905; and David MacPherson, Business Manager of the International brotherhood of Electrical Workers, Local 502; and Mr. McNamee addressed Council concerning the July 5, 1990 announcement by management of Northern Telecom of the November 5 shutdown of the manufacturing portion of its plant and the establishment of a new tele-marketing office in Saint John, which will affect ninety-nine Union hourly and thirteen salaried employees and the City's economy in an amount of $3 million. Mr. McNamee requested Council's support by joining with the employees in protesting the closure of the plant and making Northern Telecom become accountable, not only to its Saint John employees but to the City of Saint John on the basis that the jobs belong in New Brunswick. Deputy Mayor Gould asked the average length of service of Northern Telecom employees in Saint John to which Mr. McNamee replied that the average would be between fourteen to twenty years of service. The Mayor advised that, had Council been given notification of the pending closure prior to the July 6 delivery of a news release to her Office, Council would have taken action in an attempt to prevent this occurrence and, having asked the delegation for copies of any information would could assist the City in its efforts on behalf of the delegation, read a resolution for Council's consideration, and asked that she, as the Chief Magistrate, join City staff in meeting with Northern Telecom and NB Tel representatives. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that, although the City of Saint John is appreciative of the marketing-related functions which are to be retained and further expanded within the City, the Common Council of the City of Saint John hereby expresses its sincere regret with the recent announcement of the closing of the Northern telecom plant in the City and, in view of the seriousness of this announcement, Council instruct staff to meet with the representatives of the Company and NB Tel to determine the feasibility of retaining this work or obtaining other similar work which could be carried out by the plant's existing staff, and that a report be submitted to Council advising of the possibilities in the next month, and further that the Mayor join City staff in meeting with Northern Telecom and NB Tel representatives. Mr. David MacPherson addressed Council on behalf of the Northern Telecom employees who will be affected by the forthcoming plant closure. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the City Manager's report concerning the proposed closing and subsequent transfer of Valerie and Constance Streets, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone an approximately 50,000 square foot irregular-shaped parcel of land at 50 Newport Crescent (part of L.R.I.S. Number 42531), located on the eastern side of Newport Crescent next to Portland United Church, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, to permit erection of a 20-unit residential building, as requested by Newport Village Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending the re-zoning, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, of an approximately 60,000 82-470 COMMON COUNCIL JULY 9,1990 square foot irregular-shaped parcel of land located on the eastern side of Newport Crescent next to Portland United Church, having civic number 50 Newport Crescent and being a part of L.R.I.S. Number 42531, as illustrated on the submitted map and site plan, on the condition that a detailed site plan is provided for Development Officer's approval prior to third reading. Mr. Douglas W. Thorne, Vice Chairman of Newport Village Inc., appeared in support of the above application and, having displayed an architect's rendering of the proposed development, advised that construction of the two-storey building, which will accommodate both senior citizens and families, is expected to commence following re-zoning and a tendering process. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 60,000 square foot irregular-shaped parcel of land at 50 Newport Crescent (part of L.R.I.S. Number 42531), located on the eastern side of Newport Crescent next to Portland United Church, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, be read a first time. Question being taken, the motion was carried Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 60,000 square foot irregular-shaped parcel of land at 50 Newport Crescent (part of L.R.I.S. Number 42531), located on the eastern side of Newport Crescent next to Portland United Church, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, a detailed site plan be provided for Development Officer's approval prior to third reading. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close a portion of Harrison Street, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed street closing. The Mayor expressed the understanding that the City Manager has asked that the above matter be tabled so that staff can approach the company concerned to which Mr. Taylor advised that, in discussion earlier this date with the solicitor, Council can give first and second readings to the proposed Street Closing By- 82-471 COMMON COUNCIL JULY 9,1990 Law amendment at this meeting, and in the interim prior to third reading, staff can approach the applicant to discuss a possible agreement. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing a portion of Harrison Street, be read a first time. Question being taken, the motion was carried with the Mayor and Councillors Davis and Gould voting "nay". Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing a portion of Harrison Street, be read a second time. Question being taken, the motion was carried with the Mayor and Councillors Davis and Gould voting "nay". Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Mrs. Fern Allaby, President of the Dutch Canadian Society, addressed Council concerning future City planning in relation to bicycles on the basis that bicycling is not only an environmentally-clean method of travel but is also a healthful exercise to individuals, and is growing more popular as people recognize its benefits; and requested that Council encourage the concept of the development of bicycle paths, distinct from sidewalks and roadworks, and direct that, in planning for future roads and new developments, full consideration be given to provision for special bicycle routes. Mrs. Allaby advised that, having corresponded with the Horticultural Society, it was suggested that, perhaps, with the continuing work at Rockwood Park, bicycle paths may be incorporated there as well. Her Worship the Mayor thanked Mrs. Allaby for her presentation and expressed the understanding, based on her discussion with the City Manager earlier this date, that Mr. Bedford has been collecting information concerning the development of bicycle paths in recognition of the lack of same in the community and that the Community Planning and Works Departments intend to make a proposal in this regard during the next budgetary process. Councillor M. Vincent, a member of the Rockwood Park Advisory Board, advised his intent to broach this subject at the Board's meeting on July 10; and the Mayor suggested that Council, in considering a motion with respect to the presentation later in the meeting, could include a referral to the Board. Consideration was given to a letter from Mayor Wayne submitting copies of letters she received from passengers of the Regent Star Cruise Ship to Saint John. The Mayor noted that the above-submitted letters reflect positively on the City and advised that the Captain and passengers of the M.V. "Nantuckett Clipper", which was in Port on July 8, expressed to her their intention to return to Saint John. The Mayor called for a motion of appreciation to Mr. Rolf Spangenberg and members of the Cruise Ship Committee for their efforts in attracting cruise ship visits to the Port of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the Common Council of 82-472 COMMON COUNCIL JULY 9,1990 the City of Saint John express appreciation to Mr. Rolf Spangenberg and members of the Cruise Ship Committee for their efforts in attracting cruise ship visits to the Port of Saint John and encourage them to continue their work in this regard. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Ralph Thomas, President of the Golden Glove Amateur Boxing Club, requesting permission to h old a Loyalist Day's Amateur Boxing Competition on the Board Walk of Market Square in front of Grannan's Restaurant area -- be received and filed and permission be granted. Councillor M. Vincent initially proposed that the above motion be referred to the City Manager for a recommendation whereupon the Mayor made the observation that Loyalist Days commences July 15 prior to the next Council meeting. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Councillor A. Vincent asking that the City Manager supply to Common Council the date that the City of Saint John adopted a policy that a grade 12 education is required to be hired as a heavy equipment operator and that the City does not recognize years of experience as equivalent to education -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding Baxter Foods Limited's proposed expansion of its Millidge Avenue plant which would require the closure of Valerie and Constance Streets, the re-zoning of land and the construction of an access or new street leading to Centennial School, and submitting a recommendation in this regard. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) street closing procedures be started for the closure of Valerie Street and the portion of Constance Street not previously closed; (2) all costs associated with the street closing be paid by Baxter Foods Limited; (3) in the event the streets are closed, application will be made for an amendment to the Municipal Plan and the Zoning By-Law to have the streets and Parcels "S", "R" and "M" on the submitted plan re-zoned to Light Industrial classification; (4) in the event the streets are closed and the land re-zoned, title to them will be transferred to Baxter Foods Limited for $1 following construction of an alternate access to Centennial school and, in the meantime, the City will permit the land to continue to be used as a street; (5) agreement to transfer land to Baxter Foods Limited does not obligate the City to either close the streets or complete the re-zoning; (6) in the event the streets are closed and the re-zoning is completed: (6.1) the City terminate the lease with the Province affecting Part "A" as shown on Plan No. 1344; (6.2) the City transfer Parcel "M" to Baxter Foods for a price of $1; and (6.3) the City transfer Parcels "L" and "T" to the Province for the price of $1; (97) the total cost associated with the completion of this transaction will be the responsibility of Baxter Foods Limited; (8) the City acquire an easement with a width of 20 feet from Baxter Foods Limited and the Province as shown on a plan being drawing number 8811-143; and (9) the Mayor and Common Clerk be authorized to execute the submitted agreement with Baxter Foods Limited and the Province of New Brunswick. Councillor Fitzpatrick asked for assurance that Baxter Foods Limited intends to develop the property in question within a reasonable time to which Mr. Taylor replied that staff will do so immediately in discussion with the Company. 82-473 COMMON COUNCIL JULY 9,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Maritime Limited - supply of asphalt - supply of asphalt June 13-19, 1990 June 20-26, 1990 $105,364.51 $ 64,945.34 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Solid Waste Supplv Jacques, Whitford & Associates Ltd. Original contract amount Total Work done Retention/Holdback 10% Monies previously approved Sum recommended for payment, Progress Estimate Number 10, dated July 3, 1990 $33,550.00 33,975.22 2,733.64 31,241.58 $ 2,733.64 Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's June 25 consideration and subsequent referral of a report dealing with tenders for performing janitorial services at the Works facility at 175 Rothesay Avenue in which it was recommended that Modern Building Cleaning (NB) Ltd. of Fredericton be awarded the contract, the recommended tenderer does maintain an office on Waterloo Street in Saint John and employs approximately 40 local people to carry out a number of similar contracts in Saint John, and that the Purchasing Agent apologizes for not having included this information in the original report which listed the addresses of each tenderer; and re-iterating the recommendation of June 25 that the contract be awarded to Modern Building Cleaning (NB) Ltd. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the contract for providing janitorial services to the Municipal Operations Complex at 175 Rothesay Avenue, for a two-year period, be awarded to Modern Building Cleaning (NB) Ltd., at a cost of $22,762 per year. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Her Worship the Mayor called for a motion to refer the presentation earlier in this meeting on behalf of the Dutch Canadian Society to the City Manager and the Recreation and Parks Departments for review and consideration of the suggestion. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the presentation on behalf of the Dutch Canadian Society be referred to the City Manager and the Recreation and Parks Departments for review and consideration of the request that, in planning for future roads and new developments, provision be made for special bicycle 82-474 COMMON COUNCIL JULY 9,1990 routes. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 90-7, corrosion protection - sewage lift stations, be awarded to the low tenderer, Corrosion Services Company Limited, at its corrected tender amount of $19,750, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Wm. P. Dowd & Sons Ltd., in the amount of $29,500, be accepted for re-roofing the Carleton Community Centre. In response to Councillor Fitzpatrick, Mr. Todd advised that staff's estimate for the above re-roofing was approximately $60,000 which allowed for total staging of the building, while the recommended tenderer will, in actual fact, carry out the work in a different manner. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of G.R. Patstone Ltd., in the amount of $14,828.29, be accepted for repairs to the 75-foot aerialscope fire truck purchased in 1975. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 90-11, West Saint John area sewers, be awarded to Nautilus Construction and Rentals Ltd., at the tendered price of $131,638.10, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Rogers re-iterated her previous request that staff provide Council with information relative to the number and total amount of tenders awarded to companies during Council's consideration of recommendations for tender awards for City projects. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 90-12, chipsealing 1990, be awarded to Atlantic Colas Limited, at the tendered price of $92,957, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb 82-475 COMMON COUNCIL JULY 9,1990 Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $20,000 be accepted from Fundy Bay Holdings Ltd. as security to ensure the rehabilitation of the gravel pit at 460 Latimer Lake Road. Question being taken, the motion was carried. Read a letter from the City Manager advising that Monte Cristo Developments Inc. has now completed part of the work estimated at $190,700 in developing the Monte Cristo Park Subdivision - Phase I, with the remaining work estimated at $128,500 and consisting of seal course asphalt paving, hydroseeding of ditches, miscellaneous landscaping and driveway culverts; and recommending a reduction in the security amount. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, pursuant to Clause 25.3 of the Subdivision By-Law, the security held to guarantee the completion of the remaining work at Monte Cristo Park Subdivision, Phase I, be reduced to $128,500 from the existing amount of $319,200. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land having an are of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670), from Open Space and Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-209 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83) feet at 301 Ashburn Road (L.R.I.S. Number 52670), from "RF" Rural to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) the use of the property be restricted to indoor storage and warehouse facilities; (b) the property be developed in accordance with a site plan approved by the Development Officer indicating the following: properly graded and paved vehicular areas, a board-on-board privacy fence and/or vegetation screen along the lot line abutting the adjoining residential use, landscaping of all areas not occupied by buildings and vehicular areas, except that the land to the southwest of the brook may be left in its natural state; (c) the location, design and size of signage be subject to further review and approval of City staff and the Planning Advisory Committee; and (d) the items listed in (b) above be completed by September 30, 1991. The by-law entitled, "By-Law Number C.P. 100-209 A Law To Amend 82-476 COMMON COUNCIL JULY 9,1990 The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Read report of Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 25, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the use of the Saint John landfill site for disposal of solid waste by the Town of Grand Bay and the Village of Westfield, and further that staff negotiate a procedure by which the appropriate tipping fee will be received for all solid waste delivered from the Town of Grand Bay, subject to the Province's approval of the City's request for an extension of its use of the Spruce Lake landfill site. 2. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the necessary documentation to effect the exchange of land shown as Parcels Band C on an Amending Subdivision Plan of Millidgeville Estates Subdivision Phase 3 prepared by Fulton Surveys Ltd. 3. That as recommended by the City Manager, a grant of $1,500 be provided to the Saint John Canada Day Committee towards the July 1 fireworks display; and further that the request of the Committee for a waiver of the rental fee for the use of the Lily Lake Pavilion on July 1 be denied. July 9, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. During discussion Mr. Robichaud advised that, with regard to the lack of discussion with Lorneville residents concerning the above-proposed action, the City anticipates in the very near future the Province's approval relative to expanding the Spruce Lake landfill site and would like such approval prior to approaching Lorneville residents in this regard, and that a meeting will be arranged this week with Mr. F. Haslam of Lorneville; expressed the opinion that there is absolutely no danger whatsoever with respect to the Spruce Lake watershed; and also advised that the City will do the best it can relative to noticing any dangerous materials which come into the landfill site and direct same to the Province which is responsible for dangerous chemicals or contaminants. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 82-477 COMMON COUNCIL JULY 9,1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the application of Clearview Mobile Homes Ltd. for the re-zoning of 221 Marlborough Avenue and a Zoning By-Law text amendment with regard to Section 130(1)(b), which was tabled at the public hearing of May 7 with no readings given; advising that, since the May 7 meeting of Common Council, sufficient detailed information has been received to make a recommendation, and submitting the Planning staff report which contains greater background detail on how the subject application evolved. The letter also advises that the applicant's representative, Mr. Jim Watt, noted that he was in total agreement with Planning staff's recommendation except for the recommended location of the ballfield recreation area and that Planning staff noted that the recommended ballfield location would be more central to the mobile home park and therefore would be of better use to the residents of the park and further that, in a central location as recommended, the ballfield would remain part of the park and not be susceptible to elimination as a result of future commercial development pressures on adjacent properties also owned by the applicant; further advises that, after some discussion, the Committee approved staff's recommendation; and recommends that (1) Section 130(1)(b) of the Zoning By-Law be amended by adding "subject to the Mobile Home Parks By-Law, a mobile home park. "; (2) Map 4 of Schedule "A" of the Mobile Home Parks By-Law designate the additional areas as illustrated on the site plan, but not to include the proposed ballfield location; (3) Section 24(3) of the Mobile Homer Parks By-Law be amended to read: "Trees and other planting materials sufficient to screen the mobile home park from adjoining properties and public streets shall be planted within a buffer area and maintained in good condition by the owner or operator of the mobile home park. The Supervisor of Mobile Home Parks may deem there to be a sufficient natural buffer already in place which could be retained and maintained in good condition by the owner. If this is the case the former planting and buffer requirements of this sub-section could be waived."; (4) Section 24(12) of the Mobile Home Parks By-Law be amended to read: "lawns and not less than one tree per lot of a suitable size, species and location, to be approved by the Supervisor, shall be retained or planted by the owner or operator on any portion of the park lands not occupied by a mobile home or parking area."; (5) part of the parcel of land with L.R.I.S. Number 303479, including the existing park and the proposed expansion, but not including the proposed ballfield, be re-zoned from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which would: (a) require storm drainage improvements be carried out pursuant to a plan to be approved by the Chief City Engineer; (b) require the submission of detailed plans for the development of all buffer areas to be approved by the Supervisor of Mobile Home Parks; (c) require the submission of a detailed plan for the development of recreation areas in all portions of the park to be approved by the Supervisor of Mobile Home Parks and incorporate proper drainage, landscaping and recreation equipment; (d) require detailed tree planting plans for open space areas as shown on Schedule "B" to be approved by the Supervisor of Mobile Home Parks; (e) require the access to Westmorland Road be developed to provide access to the expansion area; (f) a gate be constructed to prevent unrestricted through traffic within the park; (g) require the preparation and submission of a street lighting plan for approval by the Supervisor of Mobile Home Parks; (h) require the posting of financial security to ensure work required as a result of items (a) to (g) above are completed by the dates indicated in the phasing schedule; (i) prohibit the location of mobile homes in the expansion area until the final coat of asphalt pavement has been completed; U) require the development of a recreation area in that portion of the proposed expansion area as shown on the recommended expansion area site plan; (k) require that a minimum 7.5 metre (25 foot) wide buffer area be developed on the south side of the property parallel to 82-478 COMMON COUNCIL JULY 9,1990 Westmorland Road to separate the park from adjacent commercial development as shown on the submitted site plan; (I) permit the two existing mobile units to remain in buffer area "A" while the existing tenants occupy the units. Within 30 days of the units being not occupied by the same tenants, the homes shall be removed and no units placed in this buffer area; (m) completion of all work be finished by the dates indicated in the phasing schedule; and (n) security requirements for Phase I, as detailed on Schedule "C", not be released by the City until the required work has been completed to the satisfaction of the Supervisor of Mobile Home Parks and a security agreement has been reached for the remainder of work required in the existing park; and (6) third reading not be given until all plans are submitted and approved and the agreement is signed by all parties. Consideration was also given to a letter from Mr. Jim Watt, Vice President of Clearview Mobile Homes Ltd., requesting the opportunity to speak to Common Council in Committee of the Whole on the subject of the staff recommendations regarding the location of the ballfield in the Morland Mobile Home Park. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that Mr. Jim Watt, Vice President of Clearview Mobile Homes Ltd., be invited to address Council at this time. Question being taken, the motion was carried. Mr. Jim Watt appeared before Council and advised that, having attempted to come to an agreement whereby it is economically feasible to do the work required, such work estimated to cost $800,000, with Phase I representing over $400,000, the applicant feels that 82 lots is the minimum amount to which the dollar value can be charged; and explained that, on the basis that the $800,000 represents a cost of approximately $10,000 per lot, the lot rent is $1,500 gross per year and operating costs in lieu of fiscal charges and any other charges is approximately 55 per cent, leaving approximately $750 to $800 to put toward a $10,000 debt per expanded lot and, as a bank would not finance that type of operation, it is necessary to blend the amount with the existing lots, and further that the main thrust for 1990 is to bring the existing lots up to By-Law requirements, with the bulk of the work for surface drainage to be done during 1990. Mr. Watt explained that one area of disagreement is the location of the ballfield and that the applicant will, and cannot afford to, lose 11 lots if the ballfield is located as recommended by the Planning Advisory Committee; expressed the applicant's intent to honour its commitments; and urged Council to assist the applicant in proceeding with the proposal. During discussion Mr. Watt explained that land availability adjacent to the Park, for a recreational field, is very limited and the applicant has proposed the location as the best viable option, being all that is available and the best that the applicant has to offer; and further that, with regard to using the ballfield location proposed by the applicant for the eleven lots which the applicant would prefer to place on the ballfield site recommended by the Committee, the applicant would prefer not to do so, although such would have to be reviewed on the basis that more land might be required and the configuration would be much more difficult, and that the location of the ballfield as proposed by the applicant would be a confined single use, with only surface drainage, landscaping and buffer required. The Mayor made the observation that Councillors Flewwelling and M. Vincent were not present at the May 7 public hearing of the above application and therefore, as indicated by the City Solicitor, will be unable to vote on the proposed amendments. (Councillors Flewwelling and M. Vincent withdrew from the meeting during the above discussion.) On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, with regard to amending Section 130(1)(b) by 82-479 COMMON COUNCIL JULY 9,1990 adding "subject to the Mobile Home Parks By-Law, a mobile home park", be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Deputy Mayor Gould confirmed his affirmative vote on the above- proposed amendment having had clarified that the ballfield issue would be the subject of a motion dealing with the proposed re-zoning of the property. On motion of Councillor Fitzpatrick Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, with regard to amending Section 130(1)(b) by adding "subject to the Mobile Home Parks By-Law, a mobile home park", be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate And Licence Mobile Home Parks In The City Of Saint John", by amending (1) Map 4 of Schedule "A" to designate the additional areas as illustrated on the site plan, but not to include the proposed ballfield location, with respect Clearview Mobile Home Park at 21 Marlborough Avenue; (2) Section 24(3); AND (3) Section 24(12), be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate And Licence Mobile Home Parks In The City Of Saint John", by amending (1) Map 4 of Schedule "A" to designate the additional areas as illustrated on the site plan, but not to include the proposed ballfield location, with respect Clearview Mobile Home Park at 21 Marlborough Avenue; (2) Section 24(3); and (3) Section 24(12), be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning part of the parcel of land at 21 Marlborough Avenue (part of L.R.I.S. Number 303479), including the existing park and the proposed expansion but not including the proposed ballfield, from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 82-480 COMMON COUNCIL JULY 9,1990 of the Community Planning Act, be read a first time. The Mayor asked if it is the intent of the above-proposed amendment to re-zone the property to allow for development of the 82 lots and placement of the ballfield as requested by the developer, and Mr. Bedford made the observation that the Planning Advisory Committee's recommendation involves re-zoning a different piece of land from that requested by the developer, including the existing park and the proposed expansion but not including the proposed ballfield, and suggested that, if Council wishes to grant the applicant's request, the property to be re-zoned should include the proposed ballfield which, in fact, is what was advertised; however, if Council wishes to proceed as recommended by the Committee, the property to be re-zoned is referenced in recommendation (5) above. Councillor Fitzpatrick suggested that Council could proceed with first and second readings of the above-proposed amendment and, should negotiation of the Section 39 agreement result in the ballfield being located as proposed by the applicant, Council could subsequently re-zone that portion of the property which was included in the public advertising. Question being taken, the motion was carried with the Mayor and Councillors Gould and A. Vincent voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning part of the parcel of land at 21 Marlborough Avenue (part of L.R.I.S. Number 303479), including the existing park and the proposed expansion but not including the proposed ballfield, from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried with the Mayor and Councillors Gould and A. Vincent voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, third reading of the above proposed amendment not be given until all plans are submitted and approved and the agreement is signed by all parties. Question being taken, the motion was carried. (Councillors Flewwelling and M. Vincent re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan, of which a photo-copy reduction is submitted, with respect to extensions of Hilyard Street shown as parcels "B" and "F". Question being taken, the motion was carried. On motion of Councillor Rogers 82-481 COMMON COUNCIL JULY 9,1990 Seconded by Councillor Knibb RESOLVED that the letter from The City of Saint John Environment Committee advising that, with Mr. Dennis Black's submitted resignation from the Committee, the Committee's membership is now seven, not including Mr. Stephen Drost who is an ex-officio member from the Department of the Environment and two City staff members; and requesting that Common Council seek to fill these vacancies as soon as possible -- be received and Mr. Black be thanked for his service on the Committee, and the matter be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The City of Saint John Environment Committee advising that it is currently studying the recently-released report of the Environmental Consultation Committee and has received advice from Mr. Jim Knight of the Provincial Department of the Environment that the Department has made some preliminary moves to develop actions to respond to recommendations 2, 3, 4 and 9 of the 19 recommendations contained in the report; suggesting that, since the work of the Environmental Consultation Committee finished with the submission of its report to the Minister of the Environment and Common Council, there is an opportunity now for another group, such as the City's Environment Committee, to follow the progress of legislators in effecting the desired changes; and concluding that the purpose of this letter is to inquire if Council has had an opportunity to review the report of the Environmental Consultation Committee with a view to making recommendations to establish priorities, and to seek Council's direction for the Committee -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mr. Gordon Hunt expressing concern about garbage being put out three or four days early on the street at 222 Duke Street -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from READ Saint John, a volunteer non-profit charitable organization which provides free, confidential, one-on-one basic literacy and numeracy skills training to adult non-readers in the community, requesting the City's sponsorship or co-sponsorship of a luncheon at an expense of approximately $400 during the October 1990 Annual General Meeting at which time the group will be honouring its tutors, learners, businesses, agencies and other community-minded individuals who have supported its endeavour the past few years -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Bustin's Fine Furniture Ltd. expressing the opinion that meterless parking in the uptown area would be a great asset to its business -- be referred to the Parking Commission. Question being taken, the motion was carried. On motion of Councillor A. Vincent 82-482 COMMON COUNCIL JULY 9,1990 Seconded by Councillor M. Vincent RESOLVED that the letter from Judemic Corporation advising that, in order to comply with its commitment to landscape its property at 178 Thorne Avenue, it has been trying to get an answer from the City regarding the installation of curbing, with driveway cuts along Thorne Avenue in front of the property; explaining that, in order to landscape, it must have a City curb to contain same and, if the curb is not constructed, landscaping will simply be run over by traffic and be destroyed, resulting in a mess; and requesting that the City accommodate in this regard -- be referred to the City Manager report a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk